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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I have a question of the use and abuse of ''trial periods�

Customer Question

I have a question of the use and abuse of ''trial periods' in products. I run a marketing company for loan modifications. I spoke to a company called Sales Genie in June that said they wold give me unlimited leads at $200 a month.
It sounded a little too good to be true and it is as it turns out. The performance of these leads has been horrible-no more than 1 new client lead ever week and a half. My previous lead sources gave us multiple leads every night.
However, the guy who sold me on this is saying that they don't have to end the agreement because there was a 21 day trial period and I'm over that.
It's a rock and a hard place though because if you ask to leave before the end of the product then they claim that you haven't give it a fair chance. I was trying to give it a fair chance and it went over time.
However, I can''t see why they should have the right to take out $200 from my account every month for 12 months as I don''t want the product. I've paid them 2 months already.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.
I am very sorry to learn of this situation. Unfortunately the terms of your contract are what are going to be the controlling issue here. If there was a 21 day cancellation/trial period, that is what the courts are going to look to. You can make a good faith argument under equitable ("fairness") principles you relied on their statements and therefore they should be "estopped" from making their claim they are entitled to the remainder, but equitable arguments are used as a form of quasi-contractual enforcement and are applied only where the contractual terms are unclear or ambiguous.I do think you may have some area for negotiation here (you are only 2 months into a 12 month contract, and they are providing services that are a fraction of what they agreed to and advertised). You can try negotiating an early termination of the contract for a smaller fraction of what is owed over the life of the contract.If you do try negotiating a resolution, make sure to get any such release/termination agreement in writing, and make sure to keep careful records of your communications so that you don't have any "confusion" later.

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